Infringers Beware:
New Mystic/Mist-On License Agreement
4-21-03
Laughlin Products (LPI, Grapevine TX),
owner of the original automated-spray-tan
patents, has entered into a new license
agreement with Mystic Tan (Dallas TX).
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This new agreement grants Mystic the
non-exclusive right to market their Mystic Tan booths to all
entities in all countries except the US, UK and Ireland. Previous
agreements limited Mystic to marketing their booths to the
UV-bed tanning salons. The UV-bed tanning salon limitation
still applies in the US, UK and Ireland. This agreement became
effective April 15, 2003.
LPI also licenses its patented technology to Mist-On Systems
(MSI, Grapevine TX) which markets its booth under the trade
name Dr. Laughlin's Mist-On Tan. MSI offers its booth to
all markets, although the majority of its sales are to stand-alone
Mist-On Tan salons. There are now over 100 such salons in
the US, and several in Canada, Mexico, England, Scotland
and Ireland.
According to LPI, the decision to expand Mystic's rights
in foreign markets was part of its overall marketing and
patent-defense strategy. Low-priced automated-sunless-tanning
booths are popping up in several foreign markets where the
LPI patent applications are still under review. The significantly
lower price of the Mystic Tan unit compared to the Mist-On
Tan unit makes Mystic better able to directly compete with
these new upstarts.
Another major element of this new agreement was the creation
of a Mystic-financed patent-defense fund. This fund, termed
"Dr. Laughlin's War Chest", will be used
to continue and expand the domestic patent litigation activity
now underway against alleged infringers of the LPI patents
in the US. Current litigation is underway against ETS, manufacturer
of the Sunless Express Spray Spa, Hollywood Tans, manufacturer
of Instant Tan, Heartland, distributor of Sun Spritz, and
numerous salon owners and distributors of these three groups.
Dr. Laughlin's new War Chest will allow LPI to expand
the scope of it's U.S. patent infringement litigation to
include other alleged domestic infringers.
To facilitate the consumer's ability to distinguish between
non-infringing and alleged infringing devices, Mist-On Tan
and Mystic Tan will both prominently display an emblem with
the phrase "Technology by Dr. Laughlin". Consumers
are advised to look for this emblem when shopping for an
automated-sunless-tanning unit.
Both Mist-On Tan and Mystic Tan booths were introduced
in late 1999. Since that time, over 1,000 Mystic and Mist-On
booths have been placed worldwide. Each day, an estimated
30,000 to 50,000 tanners get a golden-brown tan using this
innovative new technology.
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